Criminal Procedure Code, 1973, Section 311 -- Recall of witness for further cross examination - It is mandatory for Court to recall witness for further cross examination if his evidence appears to be essential for just decision of the case - There is no bar for Court to recall a witness for further cross examination...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Change of counsel - Not a ground for recall of witnesses - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Stage of trial and relevant time at which application u/s 311 Cr.P.C is filed are important factors to be taken into consideration before invoking power u/s 311 Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 and PW5 - Offence u/s 307 IPC - Application for recalling PWs have been filed after a long delay of 4 years and 1 year after recording chief examination of said PWs and reasons assigned therein are unsatisfactory - Trial of case is pending for defence evidence since 2015 and accused is in judicial custody -..........
Criminal Procedure Code, 1973, Section 311 -- Recall of complainant for cross-examination - Ample opportunities were provided to accused to cross-examine witness which has not been encashed by him - However, default made by a party and whereby creating inconvenience to opposite party can be cured and compensated by way of imposing cost upon erring party - One more..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Mere change of counsel would not suffice to recall witness to put certain suggestions in the manner new counsel desires...........
Criminal Procedure Code, 1973, Section 311 -- Recall of child witness - Mere fact that counsel of a party handled the case in haste is not at all a strong or valid reason to exercise discretionary power vested u/s 311 Cr.P.C which has to be exercised judiciously and not arbitrarily...........
Protection of Children from Sexual Offences Act, 2012, Section 33(5), 12, Criminal Procedure Code, 1973, Section 311 -- Recall of victim/child witness for further examination - Offence u/s 12 of POCSO Act - No satisfactory reason projected to recall the witness - Sessions Judge who recorded evidence was fully convinced that further examination of witness by recalling her..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from S.13(2) of P.C. Act to S.13(1)(c) of P.C. Act - Evidence of case was already over and Public prosecutor stated that no witness was to be recalled or re-summoned or to be called or examined even after alteration of charge - Even, accused does not intend to recall or re-summon or examine any witness with..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power u/s 311 Cr.P.C can be exercised by Court even at the stage when case is posted for judgment, as Court at any stage of any inquiry, trial or other proceedings can exercise power u/s 311 Cr.P.C...........
